Loading...
HomeMy WebLinkAboutMay 27, 1986OFFICIAL PROCEEDINGS REGULAR COUNCIL MEETING COLUMBIA HEIGHTS CITY COUNCIL MAY 27, 1986 The meeting was called to order by Mayor Nawrocki at 7:30 P.M.. 1. Roll Call Paulson, Petkoff, Carlson, Peterson, Nawrocki - present 2. Invocation There no invocators available. 3. Minutes of Previous Meetings Motion by Petkoff, second by Paulson to approve the minutes of the Public Hearing of May 5th, and the Regular Council Meeting of May 12th, as presented in writing and the reading be dispensed with. Roll call: All ayes 4. Proclamation Mayor Nawrocki read a proclamation officially proclaiming the beginning of summer programs at the Library and Columbia Heights as a "City of Readers". The procla- mation was presented to the Chairperson of the Library Board. 4a. Oral Petitions There were no oral petitions. 5. Ordinances and Resolutions Second Reading of Ordinance No. 1125 Regarding Certain Group W A~tivlties ~ City Manager briefly reviewed the ordinance and noted that ~he changes contained in the ordinance resulted from extensive negotiation. The City's legal counsel on cable matters said there had been no new changes in the ordinance since the first reading. Motion by Petkoff, second by Carlson to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1125 ORDINANCE AMENDING ORDINANCE NO. 853 ESTABLISHING CONDITIONS FOR THE RELEASE :~ND/OR REDUCTION OF CERTAIN BONDS; DEFERRING THE PROVISIONS OF CERTAIN BONDS; :~UTHORIZING THE CONSOLIDATION OF CERTAIN GROUP W ADMINISTRATIVE FUNCTIONS. 'rHE CITY OF COLUMBIA HEIGHTS, MINNESOTA DOES ORDAIN: SECTION 1. That Artlcle 1, Section 5, Subdivision i, of said Ordinance be amended to read as follows: i1.105(I) System Design 'The Grantee shall provide a system serviced by a headend in the City of Roseville feeding a slngle-cable subscriber network and a separate mld-spllt institutlonal network. Both networks shall utilize 400 MHz equipment, fully activated for two- wav~ransmisslon. Th~tension from the headend in Roseville shall utilize feed-forward FM tech- nology. The extension shall consist of not more than twenty-eight (28) amplifiers spaced at twenty-two decibals (22db). The headend used to service City shall be constructed, operated and maintained with the followlng equipment: Regular Council Meeting May 27, 1986 page 2 Scientific - Atlantic Model Scientific - Atlantic Model Scientific ~ Atlantic Model RCA CTM20 Model Modulators 90-0400 6650 Video Receivers 6350 Modulators 6150 and 6150 PL Signal Processors Texcan Standby Power Supply Model 90-0300 and Mc~:lel ection 2: That Article 1, Section 5, Subdivision 2, of said Ordinance be amended :o read as follows: 1.105(2) The Grantee shall design and construct the system so that at least the ollowing locations may originate and transmit video, audio and data signals on )ny subscriber or institutional network: the fire and police station, the Colum- )ia Heights Public Library, the fire department training classroom, all public )nd private elementary and secondary school buildings, the Department of Public Works, the Columbia Heights City Hall, Parkvlew Villa, Murzyn Mall, Nuset Park Bandshell, High School Stadium, Columbia Heights Municipal Service Center, Munici- pal Liquor Stores within the City, Columbia Heights' city park activity centers, community centers and other locations as may be designated by the City. Grantee further agrees to include North Park Elementary School in the institutional new- ~ork at such time as allowed by'law. Ali locations mentioned shall each receive a modulator at no cost, except that the municipal liquor bar and park activity centers shall share the use of two modulators. Grantee shall provide a separate 16 mile institutional network, with 38 activated downstrean channels and 16 activated upstream channels for use by city government, schools and other local Columbia Heights institutions and businesses. Locations of the institutional network facilities are shown on "Institutional Network Faci- lities Locations" listing which is attached hereto as Exhibit A and incorlx)rated by reference. The Grantee shall, at its own expense, be responsible for maintaining, repairing, replacing, and adjusting the institutional network and all necessary equipment including, but not limited to, modulators and processors. The Grantee shall extend the instituional network to institutions or users eot described above upon request of that institution or user and the payment of the necessary construction cost. Necessary construction cost is defined as Including 1ant make ready and all labor and material costs necessary to construct and activate that part of the institutional network commencing at the nearest useable point of existing plant and running to the user. Construction shall be completed and service made available to the requesting institution or user within sixty (6Q) days of the institution's or user's payment of the necessary construction cost, unless the parties otherwise agree on a different schedule. Section 3: That Article 1, Section 5, Subdivlsion 15, of said Ordinance be amended to read as follows: 11.105(15) Emergency Override The Grantee shall provide an audio and video emergency alert override system in- cluding the provision of equipment to the official or officials designated by the City to activate the system. Grantee shall provide at no additional cost to subscriber an audio or visual alarm unit which will alert subscribers to an emergency situation whether or not the television set is turned on. Grantee shall work and cooperate on a continuing basis with City and its designees to ensure that the audio and video emergency alert override system is operating to the reasonable satisfaction of City. Section 4. That Article 1, Section 7 of said Ordinance for Access Progran~nlng Regular Council Meeting May 27, 1986 page 3 kcc~O~ Minimum Facilities 'he Grantee shall make make readily available for public use at least the minimal quipment necessary for the production of programming and playback of prerecorded. programs for the specifically designated noncommercial public access channe). The Grantee shall also make readily available, upon need being shown, the minimum equip- ~ent necessary to make it possible to record programs at remote locations with battery operated portable equipment. Need be determined by subscriber petition. The petition ~ust contain the signatures of at least 10 percent of the subscribers of the system, but in no case more than 500 nor fewer than 100 signatures. The Grantee shall make available to access users the two-camera color studio with editing facility, the two-camera color van and the master control as described in Section 11.106(11(A) at times determined in the operating rules to be developed by the Grantee and the City or its designate. In addition, Grantee shall provide two portable VTR/cameras, and an audio studio for access use. These facilities will be supplied with equipment shown in the Grantee's letter of 9/28/81 and accompanying 15 pages specifying local program production equipment and facilities, a copy of which is attached hereto as Exhibit G. The total capital inva~ement for the portable VTR/cameras and audio studio shall be a minimum of $27,700 In Year 1. Capital for access and local origination equipment replacement In Year I0 shall be a minimum of $118,000. Maintenance budgets for access and local origi- nation equipment shall be a minimum of $5,000 in Year 1, $7,000 In Year 3, $8,000 in Year 5 and $13,000 in Year 10. Notwithstanding anything to the contrary, Grantee shall be responsible, at its own expense, for maintaining, repairing, adjusting, and replacing all public, educa- ti~m~, and governmental access equipment provided by Grantee. Grantee is hereby read'ed of the requirement to have a mobile production van exclusively for access users in the City. A mobile production van shall be available, however, for public access users upon thirty (301 days advance written request. In lieu of the mobile production van, Grantee shall make available by June 1, 1986 one (I) 2-camera switcher for use by public access users. The switcher shall be capable, at a mini- mum, of handling two (2) cameras. Grantee and City shall review the availability of a mobile production van, similar to that specified in the Code, on an annual basis to determine whether the need exists for a mobile production van dedicated exclusively for public access use. Grantee shall abide by the decision of the City. Section 5. That Article 1, Section 6 of said Ordinance be amended to read as follows: 11.106 System Services The Grantee shall provide as a minimum those services proposed In Grantee's ap- plication, as shown in the "Summary of Services as Allocated to Channels" which is attached hereto as Exhibit D; and "Summary of F.M. and Audio Servlces' which is attached hereto as Exhibit E and incorporated by reference. Notwithstanding the preceding provision, any vacant channels or underutillzed channels shall be programmed with available non-duplicated audio-video satelllte programming selected at the sole discretion of Grantee. For the purpose of this paragraph, underutillzed channels means those channels without programming for eighteen (181 or more hours a day, seven (7) days a week, other than public, educa- tional or governmental access channels. One-half of these channels shall be pro- gra.~mmed with available non-duplicated audio-video satel!ite programming on or bede the effective date of this Ordinance. The remaining channels shall be firmed with non-duplicated audio-video programming at the time of acceptance of this Ordinance. Section 6. That Article 1, Section 8 of said Ordinance be amended to read as follows: Regular Council Meeting May 27, 1986 page 4 !1.108 Interactive Services The Grantee shall offer subscribers a home security system Including fire detection and medical alert options. The security system must be designed to operate so that the first signal is sent to an intermediary who will verify that the alert Is a true emergency prior to notifying the appropriate emer9encY service. The Grantee will provide at system activation a full-channel videotext Infor- mation retrieval service, equipment for subscribers to send data messages to the system and for interactive education. Notwithstanding anything to the contrary, the requirement to immediately provide the above-described interactive services is temporarily deferred subject to the following: (Al Grantee shall, as part of the annual report, report in writing the current technical feasibility and financial reasonableness of the interactive services set forth in the Cable Communications Code, but not currently made available to subscribers; and (Bi Grantee shall, in the event Grantee or any parent, subsidiary, related corporation, affiliated corporation, partner or joint venture of Grantee, its parent or any of its subsidiaries makes available any interactive service to subscribers of a System in Minnesota, report in writlng within sixty (60) days of the provision of such service the current technical feasibility and financial reasonableness of the Interactive services set forth in the Cable Communications Code but not currently made available to subscribers; and (C) Grantee shall, within sixty (60) days of achieving a forty-five percent (45%) Basic Service, as defined herein, penetration, report in writing, the current technical feasibility and financial reasonableness of the interactive services set forth in the Cable Communications Code but not currently made available to subscribers. At any review session described in paragraphs (Al (Bi or (C) above, Grantee shall bear the burden of establishing, to the satisfaction of City, that the provision on interactive services is not technically feasible or financially reasonable. Should Grantee fail to establish, to the sole satisfaction of the City at any such review session, that the provision of interactive services in not technically feasible or financially reasonable, the City may request Grantee to provide such services within sixty (60) days and Grantee shall comply with any such request. The sixty {60) days may be extended by the City upon a reasonable showing of need by Grantee. If this section or any of its subsections are deemed inenforceable under federal or state law or the implementation of its requirements are deemed Illegal or un- enforceable under federal or state law, then, to that extent, this Section will be of no effect and the pertinent provisions of the Cable Communications Code as it existed immediately prior to the enactment of this Ordinance Amendment is auto- matically reconstituted and shall be of full force and effect. Section 7. That said Ordinance be amended by adding an Article i, Section 9, Sub- division 4 reading as follows: 11.109(4) Non-Regulated Rates Prior to implementing any rate increases for any service not subject to local rate regulation, other than pay-per-channel or pay-per-view channels, Grantee shall give the following notice: Regular Council Meeting May 27, 1986 page 5 (A.~At least sixty (60) days advance written notice to City together with such ~supporting documentation as Grantee in its sole discretion determines ap- propriate; (B) At least thlrty (30) days advance written notice to subscribers of that service, and (C) Carriage of an announcement of the rate increase on one channel twenty four (24) hours a day for seven (7) consecutive days. This announcement may be in the form of a crawl across a portion of the television picture. ;ectlon 8. That Article 1, Section 13, Subdivision 4, of said Ordinance be amended to read as follows: 11.113(4) Bonds (Al At the time the franchise becomes effective, the Grantee shall file wlth the City Manager, and shall maintain during the construction period of the System, and untll Grantee has liquidated all of its obligations with the City, the following bonds: (I) A labor and material payment bond In the sum of $1,000,000, guaranteeing payment by the Grantee of claims, 1lens and taxes due to the City which arise by reason of the construction, operation or maintenance of the Cable Communications System. A falthful performance bond runnlng to the Clty In the penal sum of $1,000,O00 conditioned upon the faithful performance of Grantee of all of the terms and conditions of the ordinance and upon the further condition that, in the event the Grantee shall fall to comply with any law, ordinance, rule or regulation governing thls franchise, there shall be recoverable jointly and severally from the principal and surety of the bond any damage or loss suffered by the City as a result, Including the full amount of any compensation, indemnification or cost of removal or abandonment of pro- perty of the Grantee, plus costs and reasonable attorney's fees up to the full amount of the bond. The rights reserved by the City with respect to the bond are in addition to all other rights the City may have under the franchise or any other law. Following the completlon of all construction contemplated by this franchise, the City may require the Grantee to file with the City Manager and to main- tain throughout the terms of this franchise, the bonds up to the amounts listed below: (1) A labor and material payment bond in the sum of $500,000 guaranteei'~g'payment by the Grantee of claims, liens and taxes due to the City which arise by reason of the construction, operation or maintenance of the Cable CommunicationS' System. (2) A faithful performance bond running to the City in the penal sum of $500,000 conditioned upon the faithful performance of the Grantee of all the terms and conditions of the ordinance and upon the further conditlon that is the event the Grantee shall fall to comply with any law, ordinance, rule or regulation governing the franchise, there shall be recoverable jointly and severally from the principal and surety of the bond any damage or loss suf- fered by the City as a result, including the full amount of any ¢ompensatlon, indemnification, or cost of removal and abandonment of property of the Grantee plus costs and reasonable attorney's fees up to the full amount of the bond. Regular Council Meeting May 27, 1986 page 6 (El The rights reserved by the City with respect to the bond are In addition to ali other rights the City may have under the franchise or any other law. CD) The bonds shall be subject to the approval of the City and shall be in full force and effect at ali times until the Grantee has liquidated ali of its obligation with the City. (El The bonds shall contain the following endorsement: "It Is hereby understood and agreed that this bond may not be cancelled until 120 days after receipt by the City Manager, by registered mall, return receipt requested, of & written notice of intent to cancel or not to renew." (Fl Upon the completion of construction pursuant to Section 14 hereof the Grantee ' may: (1) Extinguish the labor and material payment bond described in paragraph (Bi(l) above; and (2) Reduce the faithful performance bond described in paragraph (Bi(2) above to the penal sum of $100,000. CTION 9. That Article i, Section 14 of sald Ordinance be amended to read as follows: .114 Interruption of Servi'ce and Complaint Procedure. (Al The Grantee shall put, keep and maintaln all parts of the System In good con- dition throughout the term of the franchlse. Service to subscribers shall not be shut off or interrupted by Grantee except when necessary, and then only during periods of minimum use of the System. Unless such Interruption is unforeseen or immediately necessary, Grantee shall give 4B hours notice thereof to affected subscribers. All costs incurred in repalring system shall be borne by Grantee. If service is interrupted for more than 24 hours, subscriber shell be credited on a pro rata basis for such interruptlon. In all cases, the cause of interruption of service shall be removed and remedied by Grantee as promptly as possible. (Bi Grantee shall maintaln an office in the City, or other location as ipproved by the City Council, which shall be open during normal business hours and in no event less than from 9:00 a.m. - 5:00 p.m. Monday - Frlday exclusive of legal holidays. Further, said office shall have a publlcly listed local telephone and shall be so operated to receive complalnts and requests for repairs or adjustments on a twenty-four (24) hour a day basis, seven (7) days per week. This office shall have sufficient telephone service to permit subscribers to communicate with Grantee without excessive delay. Notwithstanding any- thing to the contrary, Grantee shall malntaln customer service hours from 9:00 a.m. to 9:00 p.m. for telephone inquirles. The use of an answerlnq machine answering servlce or similar instrument shall not meet the requirements of the preceeding sentence. Notice of this information shall be provlded to all new subscribers at the time of subscription and to existing subscribers annually. CC) All complaints by City, subscribers, or other persons regardlng the quallty of service, equipment malfunction, billlng disputes, and any other matters relative to the system shall be investigated and responded to by a service representative of Grantee wlthin 24 hours. If the complalntant Is not satis- fied by the action taken by the Grantee, the complalntant shall file a com- plaint with the City Council or its designate. Grantee must provide the City Council or its designate with a statement of the action taken to resolve the complaint and/or to preclude any recurrence of the complalnt. The City Councll or its designate shall cooperate wlth the company in rectlfylng the complalnt. Regular Council Meeting May 27, 1986 page 7 rantee shall employ repair technicians capable of responding to and resolvlng equests for repair service within 24 hours following receipt of the subscriber complaint or request for repair service. Request for repairs or adjustments received prior to 2:00 p.m. shall be responded to the same day. In no event shall the reponse time for calls received after 2:00 p.m. exceed 24 hours. Service shall be restored as promptly as possible, and In all cases within three calendar days from receipt of the request for repair service. The cost of repair service maintenance of the system shall be borne by Grantee. If service is not restored wlthln 2q hours, the subscriber shall be credited on a pro rate basis for such loss of service. (El Grantee shall prepare and maintain a record of all complaints made to Grantee. This record shall indicate the nature of each complalnt, the date and time of receipt, the disposition of said complaint and the time and date thereof. This record shall be made available for inspection upon request by the City. (Fi Grantee shall maintain the system as set forth in Form 1, pages 30 - 30f of its proposal submitted May 6, 1981, and shall handle service complaints as set forth in Form I, pages 31 - 3lb of its proposal submitted May 6, 1981. ;£CTION 10. That Article I, Section 15, Subdivision (D) of said Ordinance be ~mended to read as follows: iI.115(D) Annual Reports (1) Grantee shall file with the City Manager a certified annual report, on or before March 31 in each calendar year for the preceeding calendar year ending ecember 31. The annual report shall include the following: (al A statement summarizing the previous year's activities in development of the system, including services commenced and terminated, and subscribers gained or lost; (bi A financial statement including a statement of income, revenues, operating expenses, va)ua of plant, annual capital expenditures, depreciation schedule, interest paid, taxes paid, balance sheet and a statement of 'sources and uses of funds certified by an officer of Grantee and in a format approved by City. Such format shall be in the same format as any pro formas submitted by the Grantee. (c)A current statement of cost of construction by component category; (d) A statement of construction planned for next year; (el A statement regarding complaints, identifying the number, nature and disposition; (fi A current list of the names and addresses of each officer and director of Grantee; (gl A statement of current b(~lling practices; (hi A current copy of rules of Grantee; (ii A current copy of the subscribers service of Contract of Grantee; Regular Council Meeting May 27, 1986 page 8 (j) Results of system performance tests, Including a descriptive narrative, conducted within the previous one hundred and twenty (120) days for the purpose of verifying technical standards set forth at Section 13 hereof at such sites as were used to determine completlon of construction pur- suant to Section 15 hereof. In the event the technical standards of Section 13 hereof were not met, Grantee shall further report in writing what steps are being taken to meet said standards. A representative of City may, upon request of City, accompany Grantee at the time such tests or repeat tests are conducted. (k) Results of the Annual Subscriber Survey. (1) A marketing plan, including specific goals and projections, together with a reconciliation of projections and actual results from the previous year. CTION 11. That Article 1, Section 15, Subdivision (El of said Ordinance be ~ended to read as follows: .llS(E) Location and Availability of Books and Records of Grantee (1) The Grantee shall maintain an office In the City or other locations as approved by the City, for so long as it continues to operate the system or any portion thereof and hereby designates that office as the place where all notices, direc- tions, orders and requests may be served or delivered under the franchise. (2) The requirement in paragraph one (1) above shall be temporarily deferred In order to allow Grantee to consolidate the following operations with the cable television system serving the North Suburban Cable Service Territory: Plant manager, technicians, marketing, administration, prograrmning All access employees shall remain at the Columbia Heights public access studio. (3) The consolidation described in (2) above shall be reviewed by City upon the happening of any one or more of the following: (al Grantee achieving a forty-five percent (45t) Basic Service penetration; or (bi The third anniversary of this Ordinance amendment; or (6) System-wide outages exceeding twenty-four (24) hours per any twelve (12) month period as determined by City. (4) At any review session described in paragraph (3) above, Grantee shall bear the burden of establishing to the satisfaction of City that the consolidation des- cribed in paragraph (2) above is still necessary and appropriate. {5) As a result of any review session described above, City may, at its sole discretion, request a termination of the consolidation or a modification to the consolidation and Grantee shall comply with any such request Including any reasonable time requirements established by City. (6) The common costs due to the above-described consolldatlon shall be allocated to City in an amount which bears the same ration to all the common costs of consolidatlon as the number of subscribers, plant mileage or homes passed in the City bears to the total number of subscribers, plant mlles or homes passed in all of the systems participating in the consolidation. All costs that can be specifically identified wi11 be allocated specifically to City. Regular Council Meeting May 27, 1986 page 9 thls section or any of Its subscribers are deemed unenforceable under federal or state law or the implementation of Its requirements are deemed illegal or unenforceable under federal or state law, then, to that extent, this Section will be of no effect and the pertinent provlslons of the Cable Communications Code as it existed in~nedlately prior to the enactment of thl$ Ordinance Amendment Is automatically reconstituted and shall be in full force and effect. (al The Grantee shall keep complete and accurate books of account and records of its business and operations under and In connection with the franchise in accordance with normal and accepted bookkeeping and accounting prac- tices for the Cable Communications Industry, and allow for Inspection times at designated offices. The books and records to be maintained by Grantee shall include: (1) A record of all requests for service; (2) A record of ail subscriber or other complaints, action taken by Grantee, and the disposition thereof: (3) A file of all subscriber contracts: (4) Grantee policies, procedures, and company rules; and (5) Financial records. (bi The City or any other person designated by the City Council, shall have access to all books of account and records of the Grantee for the pur- pose of ascertaining the correctness of.any and all reports, and shall have authority to audit the Grantee's accounting and financial records upon 24 hour notice. The Council may examine the Grantee's officers and employees, under oath, in respect thereto. Any false entry in the books of account or records of the Grantee or false statement in the reports required to be filed by the Grantee shall consti- tute a breach of material provision of the franchise. ;£CTION 12. That Article 1, Section 16, of said Ordinance be amended to read as follows: 1.116 Testin~ 'he Grantee shall provide a minimum operational standard as indicated below: (al The system shall deliver to the subscribers" terminal, a slgnal that Is capable of producing a picture, without visual material degradation in quallty. (si The system shall transmit or distribute signals without causing objectionable cross modulatlon within the cables or interfacing with other electrical or electronic networks or with the reception of other televlslon or radio receivers in the area not connected to the network. (C) Grantee shall construct, operate and maintain the system so as to meet the followlng standards at the furthest subscriber: Carrier to noise Composite trible beat Cross modulation q3.81 db. -55.0 db. -55.3 db. The standards set forth above shall apply and be measured at the converter output. Regular Council Meeting May 27, 1986 page IO (D) Grantee shall provide all technical employees with a minimum of forty (40) hours of technical staff training per year. (El The Grantee shall be responsible to abate all interference arising from Inter- fering signals of less than 5 volts per meter. (Fl The Grantee shall be responsible for providing special testing of the system as required by the City. Cost for such special testing shall be the responsibility of the Grantee. (Gl Results of any tests required by the GCC shall be filed within ]O days of the conduction of such tests with the City and the Board. (Hi Grantee agrees that the technical standards set forth at paragraph (C) above have been freely offered by Grantee and Grantee or any parent, subsidiary, related corporation, partner or joint venture of Grantee, its parents or any of Its subsidiaries will not assert and will oppose any assertion that the technical standards set forth in paragraph (C) above are not enforceable under federal, state or local law. .ECTION 13. That said Ordinance be amended by adding Article 1, Section 17, Sub- ivision (10} reading as follows: !.117(10) Annual Subscriber Survey (Al Commencing in 1987 and annually thereafter, Grantee shall, no earlier than ninety {90) days and no later than thirty (30) days prior to submitting its written annual report conduct a survey of the programming preferences and service satisfaction of all subscribers. (Bi Each questionnaire shall be prepared and conducted so as to provide reliable measurements of subscriber preferences for: (1) Programming offered by Grantee at the time the poll ls conducted; (2) Programming generally available to cable subscribers nationally but not offered by Grantee at the time the poll is conducted; and (3) General subscriber satisfaction or dissatisfaction with the maintenance and complaint practices of Grantee. (c) The survey documents shall be prepared and conducted in conformity with such requirements, including supervision and review of returned surveys, as the City may prescribe. (0) Grantee shall report the results of the survey in writing as part of its annual report and report what steps Grantee is taking to implement the findings of the survey. ;ECTION 14. That said Ordinance be amended by adding an Article I, Section 17, Sub- division (11) reading as follows: .117(10) Completion of Construction such time as Grantee has accomplished all construction, upgrading and adjustments mtemplated by this Ordinance, Grantee shall so notify the City. Upon receipt of such otice the City shall have ninety (90) days to receive a written report from an lade- endear engineer, provided, however, if the City fails to receive such a written report ithin the ninety (90) days the system construction shall be deemed completed. Iff the Reg~'lar Council Meeting ' May 27, 1986 page 11 an independent engineer is retained by City, system construction shall be deemed ,mpl~mi~d on the date on which the Independent engineer reports positive confirmation ' tt,l~ollowing: (Al Verification of headend equipment and system extension equipment es required herein. Satisfactory test results using the technical standards set forth herein et up to twelve (12) widely separated subscriber locations selected by.the independent engineer and using the followlng tests: 1. Signal level 2. Hum 3. Bandpass response of system ~. Carrier to noise of system 5. Picture disparities at subscriber location and headend. 6. TASO picture quality (C) Verification that the emergency alert system is working to the reasonable satisfaction of the City; and Compliance with all applicable codes and standards. Grantee designated engineer may accompany the independent engineer in the inspection nd evaluation. In the event that any of the tests are not Immediately satisfactory, :he independent engineer shall orally and at the same time so Inform the Grantee ingine~r and the Grantee engineer shall have twenty four (2q) hours in which to correct he/iciency. If the deflc;ency is corrected within twenty four (2q) hours, the ubsE1riber location in question shall be promptly retested. Such new test results with aspect to such subscriber location shall be reflected In the report of the independent ~ngineer. rhe cost of the independent engineer and subsequent testing shall be borne equally ~y Grantee and City, provided, however, that if subsequent testing is necessary beyond :he retesting described above, Grantee shall be responsible for the cost of that subsequent testing. ~SECTION 15. Thls ordinance shall be in full force and effect thirty one (31) days after its passage provided Grantee accepts this ordinance, in form and substance acceptable to City, within thirty (30) days of passage. Upon acceptance, Grantee shall be bound by all of the terms and conditlons contained herein. SECTION 16. With Its accpetance, Grantee shall also deliver to City true and correct copies of documents creating Grantee and evldenclng the power and authority of that officer or officers accepting on behalf of Grantee. SECTION 17. With its acceptance, Grantee shall also dellver to City a certificate or affidavit acknowledQed by a notary of public that the programming requirements set forth in Section h hereof have been complied with. First Reading: May 12, 1986 ~cond reading and public hearing Is scheduled for May 27, 1986. Gary Metz, legal counsel to the City for cable matters, advised the Council that stock transfer documents are expected to be at City Hall on May 13th. These docu- ments would include a management agreement, list of the stock buyers and · cover letter from Metz summarizing the documents. Regular Council Meeting May 27, 1986 page 12 b. Resolution No. 86-38; Resolution Approving the Change in Control of Ownership of Group W Cable, Inc. The deadline for the purchase of the stock of Group W is July 15, 1986. Gary Matz, legal counsel to the City on cable matters, reviewed all of the exhibits attached to this resolution. He noted that this item is scheduled for discussion at the Hilltop Council meeting on June 2nd. Discussion followed regarding the transfer of stock being addressed with this transaction and that the transfer of assets and liabilities being addressed in the next transaction. Motion by Carlson, second by Paulson to waive the reading of the resolution there bein§ ample copies available to the public. Roll call: All ayes RESOLUTION NO. 86-38 CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION APPROVING THE CHANGE IN CONTROL OF OWNERSHIP OF GROUP W CABLE, INC. WHEREAS, Group W Cable, Inc., a New York corporation (hereinafter "Group W Cable"), through Group W Cable of Columbia Heights/Hilltop, Inc., a majority-owned subsidiary (hereinafter "Subsidiary"), owns, operates and maintains a cab)e television system (hereinafter "System") in the City pursuant to a franchise, as amended, issued by the City; WHEREAS, Group W Cable's parent corporation, Westinghouse Broadcasting and Cable, Inc., an Indiana corporation (hereinafter "Westinghouse"), desires to sell and otherwise transfer all of the issued and outstanding shares of the capital stock of Group W Cable to the following (and to certain affiliates, subsidiaries or partnerships of the following), referred to individually as a "Buyer" and col- lectively as the "Buyers", said request is attached hereto as Exhibit 1, and thereby transfer control of Group W Cable to the Buyers: Century Southwest Cable Television, Inc., a Delaware Corporation; TCI Holdings, Inc., a Colorado Corporation; American Television and Communications Corporation, a Delaware Corporation; Comcast Corporation, a Pennsylvania Corporation; Daniels & Associates, Inc., a Delaware Corporation. WHEREAS, buyers presently intend to cause Group W Cable to transfer control of the Subsidiary and/or assign the System to North Central Cable Con~nunications, L.P., a Minnesota limited partnership (hereinafter "North CentralTM) as soon as practicable in a subsequent transaction or transactions; WHEREAS, the City has been requested by Group W Cable to consider consent to the change of control and ownership of Group W Cable separate and apart from any sub- sequent transactions and such request dated April 17, 1986, is attached hereto as Exhibit ll; WHEREAS, North Central has joined in Group W Cable's request that the City's approval of the transactions be considered in separate steps and such request was made in Regular Council Meeting May 27, 1986 page 13 letter dated May 7, 1986, attached hereto as Exhibit 111; WHEREAS, Group W Cable and North Central have acknowledged and represented that the City's separate consideration and any ultimate consent of the first transaction shall in no way be construed, interpreted or viewed as consideration or consent to any sub- sequent transactions: WHEREAS, the Buyers have joined in the aforementioned request and Buyers have ack- nowledged and agreed that the City's consideration and approval of this transaction will not be construed, interpreted or viewed as consideration or consent to any sub- sequent transaction nor will consideration of this transaction bind the City in any manner with respect to any subsequent transaction and such representation iS attached hereto as Exhibit IV: WHEREAS, Group W Cable, Inc., has agreed in a letter dated May 1, 1986, attached hereto as Exhibit V, to indemnify, pay for the defense and hold harmless the City and actively opposed any claim by North Central for any parent, subsidiary, related corporation, partner or joint venture of North Central or any of its principals, owners, or agents that the City's consideration or consent to the first transact)on in any way obviates the necessity for separate and independent consideration of sub- sequent transactions; WHEREAS, the Buyers have acknowledged and agreed that their acquisition of Control of Group W Cable, Inc,, shall in no way abrogate or otherwise diminish .that Guaranty iven December 11, 1981, by Group W Cable, Inc, (formerly Teleprompter Corporation), attached hereto as Exhibit VI; WHEREAS, the Buyers have represented to the City that until distribution by Group W of the System to the ultimate transferee, the System will be managed by, and be under the operating control of, North Central pursuant to a management agreement in generally the form attached hereto as Exhibit VII; WHEREAS, the City has conducted a public hearing that afforded reasonable notice and a reasonable opportunity to be heard; and WHEREAS, the City has considered the legal, technical and financial qualifications of the Buyers and found such qualifications to be adequate to own and operate Group W Cable, Inc. NOW, THEREFORE, BE IT RESOLVED, by the Oity as foltows~ I. The City hereby consents to and approves the change in control of ownership of Group W Cable, Inc., from Westinghouse to Buyers subject to the closing of the purchase of Group W stock by the Buyers on or before July 15, 1986, and on the following terms and conditions. 2. The City's approval of the change in control of the ownership of Group W Cable shall not be construed, interpreted or viewed as consideration or consent, either express or implied, as to any subsequent transactions. The approval contained herein shall be null and void and of no effect upon the City making an affirmative finding of any one or more of the following: Regular Council Meeting May 27, 1986 page 14 A. The failure of Westinghouse and Buyers to close on the purchase of Group W stock on or before July 15, 1986; B. The failure of Group W Cable to reimburse the City in full for all expenses reasonably incurred by the City during and as a direct consequence of this transaction and any subsequent transactions involving a change in control or ownership of the System: C. The assertion by Group W Cable, any Buyer or the Buyers that the City's ap- proval of this transaction is to be construed, interpreted or viewed as consideration or consent to any subsequent transaction; D. The failure of Group W Cable to indemnify, pay for the defense and hold harmless the City and actively oppose in any proceeding any claim by North Central as set forth in Exhibit V; E. The assertion by any Buyer, the Buyers or Group W Cable that the acquisition of control of Group W Cable, Inc., by the Buyers in any abrogates or other- wise diminishes that Guaranty attached hereto as Exhibit VI; and F. The failure of Group W Cable to maintain on file with the City that management agreement between Group W Cable and North Central whereby the System will be · managed by, and be under the operating control of, North Central until dist- ribution by Group W Cable of the System. Passed and adopted this 27th day of May, 1986. Offered by: Carlson Seconded by: Peterson Roll call: All ayes ATTEST: By William J. Elrite Its Finance Director/Treasurer By Bruce G. Na'wrocki Its Mayor CERTIFICATION: I hereby certify that the aforegoing resolution is a true and correct copy of the resolution presented to and adopted by the City of Columbia Heights, at: a duly authorized meeting thereof held on the 27th day of May, 1986, as shown by the minutes of said meeting in my possession. William J. Elrite, City Clerk c. Resolution No. 86-39; Granting Authorization to Enter into an Agreement with the Regional Transit Board for Para-Transit Assistance Service Funds The City Manager noted that the City's share of the costs for this program have not increased. Motion by Peterson, second by Carlson to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes "Reguiar Council Meeting May 27, 1986 page 15 RESOLUTION NO. 86-39 RESOLUTION OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, GRANTING AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH THE REGIONAL TRANSIT BOARD FOR PARA-TRANSIT ASSISTANCE SERVICE FUNDS WHEREAS, the City of Columbia Heights has been operating a para-transit program called SHARED RIDE since December l, 1978, with para-transit assistance funds from the Min- nesota Department of Transporatation; and, WHEREAS, in February of 1986, the Regional Transit Board assumed responsibility for the transit programs in the seven-county metropolitan area that had previously been administered by the Minnesota Department of Transportation. NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights enter into an agre- ement with the Regional Transit Board, to provide a public transportation service in the City of Columbia Heights and certain points outside of the city limits for fiscal year 1987; and, BE IT FURTHER RESOLVED that the City of Columbia Heights agrees to provide 40 percent of the total operating cost of the transit project from local funds, not to exceed $10,OOO from the General Fund in fiscal year 1987; and, BE IT FURTHER RESOLVED that authorization to execute the 1987 aforementioned agreement is hereby given to the Mayor and City Manager; and, IT FURTHER RESOLVED that the City Manager and Administrative Assistant to the City Manager are hereby authorized to execute requests for reimbursements from the Regional Transit Board. Passed this 27th day of May, 1986. Offered by: Peterson Seconded by: Carlson Roll call: All ayes Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary CERTIFICATION: I hereby certify that the aforegoing resolution is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Columbia Heights at a duly authorized meeting thereof held on the 27th day of May, 1986, as shown by the minutes of said meeting in my possession. William J. Eirite, City Clerk Regular Council Meeting May 27, 1986 page 16 6. Communications a. Appeal of City Council's Decision on May 12, 1986 Regarding a Request for a Six Foot Privacy Fence at 1332 45½ Avenue The resident at 1332 45½ Avenue, Cheryl Rehnelt, was unable to attend the May 12th Council meeting and requested this matter be addressed again so she may speak to it in person. She also had written a letter to the Mayor and members of the Council regarding her reasons for making the request. Discussion followed concerning the placement of the fence and movement of the fence presently on the property. Motion by Peterson, second by Carlson to reconsider the action of the Council on May 12th regarding the special purpose fence at 1332 45½ Avenue. Roll call: All ayes Motion by Peterson, second by Petkoff to grant the request for a six foot high alternating board privacy fence from a point at the rear of the house line to a point at the front and to move the existing forty eight feet of chain link fence on the west property line from the rear of the house along and inside the west property line to the front property line. Roll call: all ayes b. Class B Gambling License Application for the Jaycees at Huset Park in Conjunction with the Fourth of duly Celebration Motion by Petkoff, second by Carlson to authorize the issuance of a Class B gambling license to the Columbia Heights Jaycees for sale of gambling devices in Huset Park on conjunction with the City's duly Fourth Celebration dependent on the following conditions: 1. That a plan be submitted indicating the location of pull-tab sales area within Huset Park 2. That the Jaycees provide adequate rubbish receptacles at the sales area sites and be responsible for cleaning the sales areas of discarded pull tabs. Discussion followed regarding wages earned by those who sell puli tabs. The Council was advised the wages were very nominal and the only regular salaried person involved with the operation was the Gambling Chairman. Councilmember Carlson stated he had not understood there would be any wages paid and that all of.the funds realized from the sale of pull tabs would be used for the organization's activities in and for the community. Roll call: All ayes c. Request of VFW Post #230 to Sell Pull Tabs at Huset Park in Conjunction with the City's Fourth of July Celebration Motion by Petkoff, second by Carlson that the City has no objection to the VFW Post #230 exercising its license right for its annual off-premises one event sale'at the Fourth of July Celebration at Huset Park subject to the following conditions: 1. That such authorization is being granted in conjunction with the licensed organization's right to a one-day per year off-premises gambling activity 2. That a plan be submitted indicating the location of the pull-tab sales area within Huset Park, and 3. That the VFW provide adequate rubbish receptables at the sales area site and be responsible for cleaning the sales area of discarded pull tabs. Roll call: All ayes Regular Council Meeting May 27, 1986 page 17 d. Petition for Public Improvement Hearing Regarding "Polluted, Standing Body of Water" This petition addressed a water problem at the south end of 39th Avenue at Hayes Street. The Mayor inquired where this water could be directed. The City Engineer advised the Council it could perhaps be directed into the storm sewer near the intersection of 39th Avenue and Hayes Street. He also advised the Council that there had been several public hearings on this matter all of which had been held before he was on staff. The Mayor requested this matter be prepared for a public hearing and inquired if it could be attached to the contract presently being implemented in the City this summer. The City Engineer stated it could and he would review the files on this matter. A resident of this area stated that when 39th Avenue was put in drainage was not put in. He noted that an easement through private property was required to install this drain pipe to empty into Hart Lake and the property owner would not consent to the easement. He also noted that there are many buildable lots in this area if the water level could be addressed. The circulator of the petition inquired what could be done about the water which is presently standing on the lots. It was the consensus of the Council that the City should pump this water out this time but that the staff should prepare the previous history and recommendations for this problem. The petition was received and placed on file by the Council. 7. Old and New Business a. New Business lrCOlumbia Heights Library - Purchase and Implementation of an Automated culaton System The'City Manager stated the two alternatives for funding this circulation system as contained in the agenda material and verbally stated a third alternative. Mayor Nawrocki expressed a concern with expenditures for the future needs and replacement costs for some of the system's equipment. Motion by Petkoff, second by Paulson to authorize the Mayor and City Manager to exe- cute a joint powers agreement with the City of Anoka and Anoka County for the purchase and implementation of an automated circulation system and that an alternative for fund- ing will be chosen by the Library Board, Library Director and the City Manager. Roll call: Ail ayes 2. Purchase of Engineering Services Since there is a vacancy in the position of Assistant City Engineer the City Manager is requesting authorization to retain an engineering firm to provide engineering con- sulting services. Although the Council supports the concept there were no company costs available. There was no action taken by the Council. 3. Fourth of duly Celebration a. Award of Fireworks Bid Motion by Carlson, second by Peterson to award the fireworks bid to Americana Fire- works Display Company in the amount of $7,500 based on low, formal quotation, and furthermore, that the Mayor and City Manager be authorized to execute an agreement for same and that additional insurance coverage was secured. Roll call: All ayes Recreation Director advised the Council of the funds being donated by the V.F.W. #230 and by the Columbia Heights Lions Club. Regular Council Meeting May 27, 1986 page 18 b. Request for Street Closings-Fourth of July Celebration Motion by Carlson, second by Petkoff to order the closing of the following streets: 1. 39th Avenue, between Jefferson and Fifth Streets, from 7:30 to 11:O0 p.m~ and furthermore, that no parking be allowed on said streets from 1:OO to ll:OO p.m.. 2. Mill Street, between 40th Avenue and the east driveway of the Police Depart- ment parking lot during the hours of t~e duly 4th Celebration, 4:00 p.m. to 10:00 p.m. Roll call: All ayes RECESS: 10:00 p.m. RECONVENE: lO:lO p.m. 4. Petition for Street Light A petitionhas been received from residents on 39th Avenue, between Johnson and Buchanan Streets requesting a midblock street light. The residents have been ad- vised by the Public Works Director as to the procedure for receiving a street light and will prepare the information for a public hearing. Motion by Paulson, second by Carlson to recognize the receipt of the petition from property owners requesting a street light on 39th Avenue between Johnson and Bucha- nan Streets and to authorize the City Manager to call for a public hearing. Roll call: All ayes 5. Science, Technology and Energy Commission Member Resignation A letter of resignation was received from Trudy Rider as a member of the Science, Technology and Energy Commission. Mayor Nawrocki accepted the resignation with regret noting that Ms. Ridder had been a member of the Commission since its inception and has served the community very well. 6. Park Board Meeting of May 21st Report The Park Board met with representatives of various clubs and organizations in the City to discuss Murzyn Hall renovation and addition. A list of furnishings needed in the Hall was distributed to those in attendance and it was discussed. The meeting ended with a walk through of the Hall. 7. Council Work Session/Special Council Meeting Motion by Peterson, second by Paulson to establish dune 16, 1986 as a Special Council Meeting to be held at 6:15 p.m. in the City Council £hambers. This meeting will be held to consider the award of bid for concrete work to be done in conjunction with our 1986 concrete alley improvement projects. Roll call: All ayes Thursday, May 29th was the date selected for a Council work session to discuss the City's sign ordinance as well as other matters. 8. Recycling/Landfill Abatement Programs - Grant Application The City Manager summarized all of the programs available. Mayor Nawrockl stated that it would be more beneficial to commence the program selected in the summer rather than in the fall or winter. Methods of implementing the program selected were discussed. Motion by Petkoff, second by Paulson to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 86-40 RESOLUTION OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, GRANTING AUTHORIZATION TO SUBMIT A GRANT APPLICATION AND REQUEST FOR FUNDING TO THE METROPOLITAN COUNCIL UNDER THE GRANT INCENTIVE PROGRAM Reguiar Council Meeting May 27, 1986 page 19 T RESOLVED that the City of Columbia Heights will act as the sponsor and grantee the landfill abatement project to be conducted by the City of Columbia Heights during the period of July 1986 through June 1987. Robert S. Bocwinski, City Manager, is hereby authorized to submit a grant applicatlon and request for funding of this project to the Metropolitan Council and to execute such agreements and prepare docu- ments as necessary to accept funds and implement the project on behalf of the Project Sponsor. This resolution certifies the following: 1. The project sponsor is an eligible applicant for the Incentive Grant Program. 2. The project will further the goals of the MetropolitanCouncil's Solid Waste Management Development Guide/Policy Plan. 3. The project is in conformance with the approved 5olid Waste Management Master Plan for the county in which the project will occur if the application is being made by a city, county, or solid waste management district. 4. The project sponsor agrees to comply with all applicable laws relating to non- discrimination and affirmative action. 5. The project sponsor will provide all local and state permits, licenses and auth- orizations necessary for the implementation of the project. 6. The project sponsor is current in all tax obligations to local, state and federal governments. 7. Acknowledgment will be made to the Council for its grant assistance on all promo- tional materials, reports and publications relating to the project during the grant period. The project sponsor wi11 provide all documentation and reports required by the i' Council during the grant period. 9. The application is complete and all information provided in the application is true and accurate. Passed this 27th day of May, 1986. Offered by: Petkoff Seconded by: Peterson Roll call: Ali ayes Mayor Bruce G. Nawrocki Jo-Anne Student, Council Secretary CERTIFICATION I hereby certify that the aforegoing resolution is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Columbia Heights, at a duly authorized meeting thereof held on the 27th day of May, 1986, as shown by the minutes of said meeting in my possession. William J. Elrite, City Clerk 9. Acquisition of Tax-F~rfeit Parcels - For Non-Public Purpose Motion by Petkoff, second by Peterson to authorize the Mayor and City Manager to submit an application to Anoka County for the conveyance of tax-forfeit properties e' non-public purpose. The parcels are located on the east end of 44½ and 45th nues. Roll call: All ayes Regular Council Meeting May 27, 1986 page 20 8. Reports a. Report of the City Manager This report was submitted in written form and all of the items contained therein were discussed. Mayor Nawrocki inquired what use has been made by the City of the community service program of Anoka County. The City Manager advised that the Council will be receiving a quarterly report on this matter. b. Report of the City Attorney The City Attorney referred to an item contained in the City Manager's report and noted there may be a conflict of interest involved. The item was the League of Minnesota Cities' response to insurance trust for municipalities. He also noted that a claim submitted to the Illinois Insurance Change had been arbitrarily refused. The Public Works Director advised the Council that Anoka County has approved the funding for the improvements in Hilltop II. Part of the building inspections being done by firefighters was discussed. Mayor Nawrocki advised the Council he had received information regarding the number of staff members in the Building Inspections Department in Fridley and requested that the City Manager check out this city's operation. 9. Licenses Motion by Carlson, second by Paulson to approve the license as listed upon payment of proper funds and that the fees for the Columbia Heights Hockey Association, the Columbia Heights Recreation and Community Services Commission, the Columbia Heights Hockey Backers and the Columbia Heights Boosters for itinerant food concessions be waived. Roll call: All ayes 10. Payment of Bills Motion by Carlson, second by Peterson to approve the bills as listed for payment out of proper funds. Roll call: All ayes Members of the Council received copies of the recent Science, Technology and Energy Commission meeting. Councilmember Paulson noted that the Commission is requesting the City Manager to attend the next meeting on June 17th. The Commission had dis- cussed lead levels on Central and University Avenue and requested that the PCA be contacted regarding doing a base line study of these levels. It was the consensus of the Council that the PCA be contacted by the City Manager regarding information that already may be on file regarding this information and what could be done by the PCA to gather current pollution levels on these two streets. Councilmember Carlson recalled when this item had been discussed previously there would be no charge for a base line study if done by PCA. Councilmember Paulson stated when the City Manager attends the next Commission meeting he would be asked how the Commi- ssion could be more effective for the City and for a list of needs for techinical advisors which the Commission could seek. ' keg~iar Council Meeting May 27, 1986 page 21 :hase of Data Processing Software and Hardware Council received two memos regarding the purchase of data processing equipment; one from the City Manager and the other from the Finance Director, The City Mana- ger's memo stated why the previous staff recommendation is being changed and the reasons for the new recommendation, The Finance Director's memo contained comparisons between four of the vendors who responded to the City's Request for Proposal and it gave a brief profile of each of the companies, The City Manager stated that the previously recommended company, CCSI, had not indicated it's willingness to negotiate to the extent to where the City would be receiving a favorable package, The Finance Director's observation that the company being recommended, ComputoServ, would provide the best service in the areas of ]aw enforcement and utility billing which are the areas most immediately affecting the citizens of the City. Mayor Nawrocki felt these two memos reflected little objectivity and questioned how staff's position on negotiating with another company would be more successful than.jr was with CCSl as it was also done on a non-competitive basis. He noted with.only one vendor is being dealt with they do not have to be very negotiable. Motion by Petkoff, second by Paulson to authorize the City Manager to negotiate the purchase of data processing software and hardware from ComputoServ, Inc. of Mankato, Minnesota; and furthermore, that a final proposed agreement for such purchase be submitted to the City Council at its meeting of June 23, 1986. Mayor Nawrocki questioned the legality of the motion as made. He noted that to deal with one company some kind of finding must be made that the equipment that meets the needs of the City are not avai]ab]e from any other source. He didn't fee] that the Council had made that kind of finding in the motion as it was offered. Jnci]member Pau]son felt this is a non-compet'itive situation given the uniqueness )all of the different packages and that a]] of the software is different and that some of the software programs are different. The City Attorney suggested an amendment to the motion that will address this situation: '"This motion is based upon a finding that all of the systems are unique and not similar in their methods of operation". The suggested amendment was accepted by the maker and seconder of the motion. The City Attorney stated that many areas reviewed by staff in its comparisons of vendors would support or evidence of uniqueness and would support a cha]]enge if there were one. Councilmember Pau]son cited a Jori9 list of differences. The Mayor noted that the pay- roi] package being offered by ComputoServ has not been put together at this time. The Finance Director had been advised it will be rewritten in the fourth quarter of 1987 and will be comparable to that offered by CCSI. The Mayor remained of the opinion that the Council still has not found a uniqueness that justifies a sole source procurement and that the best way to meet staff needs and community needs is to go out for competitive bids. A lengthy discussion followed regarding uniqueness. Subsititute motion by Nawrocki, second by Carlson that would call for staff to prepare a set of bid specifications on equipment to meet the needs of the City in the line of data processing equipment and those specifications be put out for competitive bidding. Roll call on subsitute motion: Carlson, Nawrocki - aye Paulson, Petkoff, Peterson - nay Substitute motion fails. The Mayor again stated that no evidence was presented to show that the proposed provider is the only source of equipment, hardware and software, that would probably meet the needs of the City. Regular Council Meeting May 27, 1986 page 22 Roll call on motion as amended: Paulson, Petkoff, Peterson - aye Carlson, Nawrockl - nay Adjournment Motion by Carlson, second by Peterson to adjourn the meeting at 12:45 a.m.. Roll call: All ayes Jo-Anne Student, Council-~Secretary Mayor Bruce G. Nawrocki MANAGER CITY OF COLUMBIA HEIGHT~